CESC Ltd., Kolkata V. DCIT, CIR-6(1), KOLKATA, Kolkata

ITA 688/KOL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1050 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 20-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: D S DAMLE
• Section: 263; 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM AND SHRI S.S. VISWANETHRA RAVI, JM] I.T.A. NO. 688/KOL/2015 ASSESSMENT YEAR: 2010-11 CESC LIMITED................................APPELLANT CESC HOUSE, CHOWRINGHEE SQUARE, KOLKATA - 700001 [PAN : AABCC2903N] D.C.I.T., CIR 6(1) KOLKATA......................RESPONDENT AAYAKAR BHAWAN, KOLKATA - 69 APPEARANCES BY: SHRI D.S. DAMLE, FCA APPEARING ON BEHALF OF THE ASSESSEE. SHRI SALLONG YADEN, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 09, 2017 DATE OF PRONOUNCING THE ORDER : NOVEMBER 10, 2017 ORDER PER P.M. JAGTAP, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF PRINCIPAL CIT 2, KOLKATA DATED 27.03.2015 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. 2. WE HAVE HEARD BOTH THE SIDES AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET, THE TIME LIMIT FOR COMPLETION OF FRESH ASSESSMENT BY THE A.O. IN PURSUANCE OF IMPUGNED ORDER PASSED BY THE LD. CIT UNDER SECTION 263 WAS 12 MONTHS FROM THE END OF THE FINANCIAL YEAR IN WHICH ORDER UNDER SECTION 263 WAS RECEIVED BY HIM 2 I.T.A. NO. 688/KOL/2015 ASSESSMENT YEAR: 2010-11 CESC LIMITED AS PER THE SPECIFIC PROVISION CONTAINED IN SECTION 153. HE HAS SUBMITTED THAT THE IMPUGNED ORDER PASSED BY THE LD. CIT UNDER SECTION 263 ON 27.03.2015 WAS RECEIVED BY THE A.O. IN THE F.Y. 2015- 16 AND THE TIME LIMIT FOR PASSING THE FRESH ORDER IN PURSUANCE THEREOF IS ALREADY EXPIRED ON 31.03.2017. HE HAS SUBMITTED THE ASSESSEE HOWEVER HAS NOT RECEIVED ANY FRESH ASSESSMENT ORDER FROM THE A.O. NOR EVEN A NOTICE INITIATING FRESH ASSESSMENT PROCEEDINGS IN PURSUANCE OF THE ORDER PASSED BY THE LD. CIT UNDER SECTION 263. HE HAS CONTENDED THAT THE ASSESSING OFFICER THUS APPEARS TO HAVE FAILED TO PASS AN ORDER OF FRESH ASSESSMENT IN PURSUANCE OF THE IMPUGNED ORDER PASSED UNDER SECTION 263 IN THE TIME LIMIT PRESCRIBED IN SECTION 153 AND CONSEQUENTLY THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE A.O. UNDER SECTION 263 HAS VIRTUALLY BECOME INFRUCTUOUS. IN REPLY TO A QUERY RAISED BY THE BENCH IN THIS REGARD, THE LD. CIT DR HAS SUBMITTED THAT HE IS NOT AWARE AS TO WHETHER ANY ORDER OF FRESH ASSESSMENT HAS BEEN PASSED BY THE A.O. IN PURSUANCE OF THE IMPUGNED ORDER PASSED BY THE LD. CIT UNDER SECTION 263 WITHIN THE TIME LIMIT PRESCRIBED IN SECTION 153. KEEPING IN VIEW THE SUBMISSIONS MADE BY THE LEARNED REPRESENTATIVES OF BOTH THE SIDES, WE TREAT THIS APPEAL FILED BY THE ASSESSEE AS INFRUSTUOUS AND DISMISS THE SAME ACCORDINGLY. WE HOWEVER GIVE LIBERTY TO THE ASSESSEE TO SEEK REVIVAL OF THIS APPEAL IF HE COMES TO KNOW SUBSEQUENTLY ABOUT ANY ORDER OF FRESH ASSESSMENT PASSED BY THE LD. CIT IN PURSUANCE OF THE IMPUGNED ORDER PASSED BY THE A.O. UNDER SECTION 263, IF IT IS SO ADVISED. 3 I.T.A. NO. 688/KOL/2015 ASSESSMENT YEAR: 2010-11 CESC LIMITED 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH NOVEMBER, 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10/11/2017 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. CESC LIMITED, CESC HOUSE, CHOWRINGHEE SQUARE, KOLKATA 01. 2. DCIT, CIR 6(1), AAYAKAR BHAWAN, KOLKATA 69. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA